DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2019/688)

QUBE PORTS PTY LTD BRISBANE BULK AND GENERAL ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MAY 2019

Application for approval of the Qube Ports Pty Ltd Brisbane Bulk and General Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Brisbane Bulk and General Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Ports Pty Ltd T/A Qube Ports & Bulk. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 May 2019 and, in accordance with s.54, will operate from 23 May 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Qube Ports Pty Ltd T/A Qube Ports & Bulk, the applicant, Qube Ports, sought approval of the Brisbane Bulk and General Enterprise Agreement 2019. This was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers covered by the agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission involved whether the proposed agreement was in the best interests of the workers and whether it complied with the relevant legislative framework. Specifically, the Commission had to determine if the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and substantive fairness of the agreement.

The Fair Work Commission found that the proposed agreement was procedurally fair, as it had been negotiated in good faith and provided adequate opportunity for consultation and representation. The Commission also concluded that the agreement was substantively fair, as it provided for reasonable terms and conditions of employment. The agreement included provisions for wages, working hours, leave entitlements, and dispute resolution mechanisms, all of which were deemed fair and reasonable by the Commission.

Consequently, the Commission approved the Brisbane Bulk and General Enterprise Agreement 2019, allowing it to come into effect. This decision ensures that the terms and conditions of employment for the workers covered by the agreement are legally binding and enforceable.

Qube Ports Pty Ltd T/A Qube Ports & Bulk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established